Search Results

1. SD & QD v NU [2023] NZDT 587 (16 October 2023) [pdf, 96 KB]

   ...went overseas. NU provided a copy of the motor registration in his parents name and a copy of a bank statement showing he transferred the purchase price of the vehicle to his parents a few weeks after the sale. 8. In view of the registration information and the bank transfer, I find it likely NU’s parents were the owners of the vehicle and that NU was selling on their behalf. 9. As NU was selling on behalf of his parents, any representations made by him were made on behalf of hi...

2. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...recommended that the rack be replaced. B Ltd replaced the rack with a secondhand one in August, and TD Ltd covered the cost involved. [4] After this, the vehicle drove better, but there was still a knock present. BE continued to drive the car, her only form of transport, to work. In November 2022, when driving to [Town], she drove for the first time over a particularly bumpy road at 100 kph. The rack made excessive noise, and seemed to pull or shake the steering wheel. BE felt unsafe....

3. QH v TU Ltd [2022] NZDT 12 (22 March 2022) [pdf, 236 KB]

   ...I accept TU Ltd incurred costs to remove the vehicle and that they are entitled to retain the fee. 12. In view of the above, the claim is dismissed. Referee: K Edwards Date: 22 March 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

4. JU Ltd v U Ltd [2021] NZDT 1633 (6 October 2021) [pdf, 205 KB]

   ...was most likely to have occurred on a number of separate occasions. Therefore, I find that it was caused by multiple events, and U Ltd is entitled to charge multiple excesses. 8. U Ltd has charged excesses on a room by room basis. It presented information from the Insurance Ombudsman as the basis for calculating the excesses this way. No other arguments or suggestions for a basis on which to calculate the correct number of excesses were made. Therefore, I accept U Ltd’s calculations...

5. EC v ST [2024] NZDT 37 (23 February 2024) [pdf, 211 KB]

   ...accident valuation of the vehicle, and evidence to support the value of the wreck. This evidence was supported by the evidence of NO who represented BC Limited. Referee: R Merrett Date: 23 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

6. SB v LQ [2024] NZDT 128 (16 April 2024) [pdf, 203 KB]

   ...repair shop] where he took his bike to have the repairs done. The mechanic, NX, wrote that the engine had seized and needed to be rebuilt. He wrote that “it is hard to know the true representation of the running time of a motocross bike, as this information in most case is acquired through fitting an aftermarket hour meter… which can be tampered with at any point”. 7. SB had also asked LQ in a text if there was any damage he had not disclosed in the advertisement and LQ affi...

7. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [pdf, 226 KB]

   ...XX The Tribunal orders: The claim is dismissed. Reasons: 1. H Ltd were contracted by NX to build a house. NX contracted separately with B Ltd for the house plans. H Ltd contracted T Ltd for the site survey and layout. 2. When requested to start works, T Ltd requested plans from B Ltd to enable them to set out the site. H Ltd then started building set out work. However, as the project progressed, they realised there had been an error as the measurements on the plans di...

8. LB v MX & BJ Ltd [2024] NZDT 281 (22 February 2024) [pdf, 179 KB]

   ...of mistake would have been made in this circumstance. 10. Therefore, it is not necessary to consider the second issue and the claim is dismissed. Referee: Sara Grayson Date: 22 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

9. DE & XE v SC [2024] NZDT 71 (15 January 2024) [pdf, 194 KB]

   ...$1,000.00 that they are claiming. 20. The claim is proven. 21. DE and XE remain the owners of the vehicle and they may dispose of it as they see fit. Referee: Nicholas Blake Date: 15 January 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

10. EM & MM v QQ & Ors [2024] NZDT 675 (11 July 2024) [pdf, 215 KB]

    ...section from the respondents, QQ and SS. The applicants claim that the respondents were in breach of two provisions of the sale and purchase agreement, and claim compensation for their resulting losses. [2] The agreement was in the standard [redacted] form. The clauses that the applicants claimed were breached by the respondents were cll 6.1 and 7.1. These state, so far as is relevant: 6.1 The vendor shall not be bound to point out the boundaries of the property except that on the sa...